759 results for 'cat:"Health Care"'.
J. Bartley remands the veteran's daughter's appeal. The daughter appeals a board decision denying her entitlement to dependency and indemnity compensation benefits, finding that she was not rendered permanently incapable of self-support prior to attaining age 18. A prior remand in which a medical record was constructively before the board by its being submitted to the court of appeals was not considered. Remand is required for the board to render a decision in consideration of the entire record.
Court: Court Of Appeals For Veterans Claims, Judge: Bartley , Filed On: May 15, 2024, Case #: 21-4616, Categories: health Care, Veterans, Due Process
Per curiam, the court of appeals for veterans claims dismisses the veteran's appeal of the board's remand of his claims of entitlement to an initial evaluation in excess of 10% for chronic sinusitis. The claims were remanded rather than finally adjudicated. Though the veteran requested review, the court does not have jurisdiction to review a board remand that failed to refer pending claims to the agency of original jurisdiction for initial adjudication.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 15, 2024, Case #: 20-3523, Categories: health Care, Veterans, Due Process
J. Du denies the former mail processing clerk's motion for judgment on the pleadings. The Equal Employment Opportunity Commission ruled against the clerk after she complained of working conditions when diagnosed with diabetic neuropathy, finding that she was not similarly situated to co-workers with resting accommodations because they worked part-time. Her manager changed her duties to allow her to sit down or use a rest bar periodically throughout the day after the USPS received a letter from the employee's physician. The USPS has not yet filed an answer to the complaint, and the pleadings have not closed. The motion is premature. The USPS's motion for dismissal of the employee's claims for race and disability discrimination is granted with leave to amend.
Court: USDC Nevada, Judge: Du , Filed On: May 15, 2024, Case #: 2:23cv397, NOS: Other Civil Rights - Civil Rights, Categories: Employment, health Care, Employment Discrimination
J. Harrison finds the circuit court properly granted a preliminary injunction in favor of the radiation oncologist. The oncologist, shareholder, and member of the oncology group's board of directors proposed that his son be brought into the practice after he graduated from medical school, which was approved by the board. Though minutes of a meeting show the oncologist saying that his son would be his replacement, the oncologist denies having ever said this. The board moved to terminate the oncologist on grounds that family members could not work together. The injunction requiring the group to maintain the oncologist's status as an employee and shareholder during the pendency of the ensuing case was properly granted. Cited case law involving doctor-patient relationships was not misapplied. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: May 15, 2024, Case #: CV-22-486, Categories: Employment, health Care, Injunction
J. Brasher grants the hospital's mandamus petition and finds that the district court applied an incorrect legal standard in compelling the hospital to disclose internal quality files and referral logs to the employee in discovery in an employment discrimination action. The district court is directed to vacate its orders and reconsider the hospital's claim that the files were privileged under the Patient Safety and Quality Improvement Act. The law does not require that privileged information be created and used for a singular purpose.
Court: 11th Circuit, Judge: Brasher, Filed On: May 14, 2024, Case #: 23-12571, Categories: Civil Procedure, health Care
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J. Jolly finds the district court properly remanded the class action to state court. The data privacy dispute was brought under allegations the healthcare-associated entity embedded tracking pixels onto its website sharing private information with third-party websites. Though the company says it acted under the direction of a federal officer, at least two other circuits have found a hospital does not act under the direction of the federal government when maintaining an online patient portal utilizing tracking pixels. The federal relationship is weak, and the company cannot show that it acted pursuant to a federal officer’s directions for purposes of federal officer removal. Affirmed.
Court: 5th Circuit, Judge: Jolly , Filed On: May 13, 2024, Case #: 23-30522, Categories: health Care, Privacy, Jurisdiction
J. Daniel grants the American Board of Psychology and Neurology’s motion to dismiss a group of psychiatrists’ antitrust claims. The Board has a monopoly on psychiatric and neurological certifications in the US that are beneficial to finding work in the field, and it requires certified psychiatrists to take “maintenance of certification” programs every few years to maintain those certifications. Despite this, the court finds the plaintiff psychiatrists have failed to properly state their antitrust claims.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: May 13, 2024, Case #: 1:19cv1614, NOS: Antitrust - Other Suits, Categories: Antitrust, health Care
J. Goodwin grants the chemical company's motion for summary judgment in the woman's second amended complaint seeking class certification on a medical monitoring claim for residents living near the company's South Charleston plant stemming from exposure to ethylene oxide, a known carcinogen. Since the woman cannot prove a concrete injury-in-fact caused from breathing the air surrounding the plant, she not only lacks Article III standing to file suit, but also any claim she makes on behalf of herself or the proposed class is not ripe.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: May 13, 2024, Case #: 2:19cv878, NOS: Other Personal Injury - Torts - Personal Injury, Categories: health Care, Tort, Class Action
J. Pallmeyer grants a parent’s motion to join a number of Nevada doctors as defendants to her complaint against a baby formula manufacturer, remanding this case to the Circuit Court of Cook County. This was a bellwether case for the hundreds of lawsuits filed against the formula maker over its tainted formula, which caused infants to develop necrotizing enterocolitis. While doing discovery, the parent found out that doctors in Nevada may have been negligent in treating her own child afflicted with the condition. Though the parent wants the case sent to the Nevada state court, judicial rules make Cook County the proper remand venue, as that is where the case was first filed.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: May 13, 2024, Case #: 1:22cv2017, NOS: Other Personal Injury - Torts - Personal Injury, Categories: health Care, Negligence, Product Liability
J. Ashmann-Gerst finds that the trial court should have granted a nursing facility's motion to compel arbitration of a wrongful death claim filed by the parents of a dependent adult who died in its care. The arbitration agreement signed by their son plainly bound his heirs to arbitrating a wrongful death claim based on an allegation of professional negligence. Reversed.
Court: California Courts Of Appeal, Judge: Ashmann-Gerst, Filed On: May 10, 2024, Case #: B323237, Categories: Arbitration, health Care, Wrongful Death
J. Cadish finds the district court properly dismissed the death row inmate's suit against the drug distributor that handles the drugs that will be used in his lethal injection. The inmate claims the distributor falsely represented it had legitimate medical rationales for purchasing the drugs. Though the inmate made a showing he was an incidental beneficiary, he did not adequately allege how he relied on the sale agreements. He also did not properly allege the distributor owed him a duty. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: May 10, 2024, Case #: 85826, Categories: health Care, Contract, Prisoners' Rights
J. Coleman finds the court of appeals erroneously determined the employee could not bring wrongful termination claims after she was fired for reporting patient abuse at the long-term care facility. While the public policy exception in Mississippi law gives an exception for unlawful "acts of an employer," the language also necessarily covers the acts of a co-worker, like the one who abused the patient in this case; therefore, the jury verdict in favor of the employee will be reinstated. Reversed.
Court: Mississippi Supreme Court, Judge: Coleman, Filed On: May 9, 2024, Case #: 2022-CT-188, Categories: health Care, Employment Retaliation
J. Pena finds that the lower court properly denied the appellant’s dismissal motion pursuant to Chapter 74. The appellant contends that the plaintiff’s claim is a health care liability claim and that the expert report was not timely served. However, the complaint concerns the handling of a refund request after a surgery was not performed. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 9, 2024, Case #: 13-22-00508-CV, Categories: health Care, Experts, Contract
J. Neeley finds the trial court improperly awarded the ex-wife spousal maintenance. Though the ex-wife suffered from arteriovenous malformation while pregnant and after giving birth, she worked as a teacher during the marriage and fails to show her incapability of providing for her minimum reasonable needs. The evidence is insufficient to support a finding she lacks sufficient property and the earning ability to provide for her minimum needs. The spousal maintenance award is reversed, though all other aspects of the decree are affirmed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00239-CV, Categories: Family Law, health Care, Contract
Per curiam, the appellate division finds that the administrative judge properly found the residential school for children with autism committed category four neglect by failing to record a calorie count for a child, as requested by a dietician, and failing to notify a nurse when the child refused meals. The evidence supports a finding that the center failed to adequately train staff regarding the meal refusal policy or to timely inform staff of care directives. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02534, Categories: Administrative Law, health Care
J. Brown, in this interlocutory appeal, finds the circuit court properly denied the nursing center's motion to compel arbitration in this wrongful death suit. The estate alleges that due to insufficient staffing, the decedent was not turned often enough to prevent the stage 2 wound to her left coccyx, a boil to her left buttock and an unstageable wound to her right heel. The patient was also dehydrated and malnourished, which prevented healing. There is insufficient evidence the decedent authorized her daughter to bind her to arbitration, and the daughter did not have actual authority to enter into the agreement on her mother's behalf. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 8, 2024, Case #: CV-23-182, Categories: Arbitration, health Care, Wrongful Death
J. Montalvo dismisses, for lack of jurisdiction, a lawsuit brought by two customers against an estate sales company which they said wrongfully required them to wear masks during the Covid-19 pandemic despite their alleged medical exemption. Because the mask requirement is no longer in place, the people bringing this suit cannot establish a key element of their ADA claim and no controversy remains.
Court: USDC Western District of Texas , Judge: Montalvo, Filed On: May 7, 2024, Case #: 3:21cv96, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, health Care
J. Marks grants a pharmaceutical company’s motion for judgment on the pleadings on this pharmaceutical product liability lawsuit brought by a cancer patient allegation that the chemotherapy medication Taxotre resulted in her permanent hair loss. The patient claims strict products liability failure to warn, negligence, negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment, and fraud and deceit. She failed to properly plead her fraud claims with particularity and filed this case outside the two-year statute of limitations.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: May 7, 2024, Case #: 3:23cv649, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, Product Liability
J. Gorton denies in part a pharmaceutical company’s motion to dismiss a class action brought against it by health and welfare funds of labor unions for allegedly engaging in anti-competitive practices, causing the funds to overpay for prescription asthma medication. “Because no generic QVAR existed at the time [the pharmaceutical company] purportedly discontinued QVAR in favor of QVAR Redihaler, asthma patients necessarily had to be transitioned onto QVAR Redihaler.”
Court: USDC Massachusetts, Judge: Gorton, Filed On: May 7, 2024, Case #: 1:23cv11131, NOS: Antitrust - Other Suits, Categories: Antitrust, health Care, Labor / Unions
J. O'Scannlain denies a petition for rehearing and amends an opinion denying a hospital’s petition for review, granting the National Labor Relations Board’s cross-application for enforcement, and enforcing the Board’s order finding that the hospital engaged in an unfair labor practice under the National Labor Relations Act by ceasing union dues checkoff after the expiration of a collective bargaining agreement.
Court: 9th Circuit, Judge: O'Scannlain, Filed On: May 6, 2024, Case #: 22-1804, Categories: Employment, health Care
J. Bell grants a group of medical product makers’ partial motion to dismiss product liability allegations after a spinal surgery patient developed tuberculosis following her operation. The patient claims that the group’s sale of “FiberCel” to the hospital where she had her surgery done is not covered under the North Carolina Blood and Tissue Shield Statute. She incorrectly argues the group’s sale of FiberCel, as a processed-tissue product, is not covered under the statute because it is not specifically blood, a blood product or human tissue, but a “tissue-based product.” Although FiberCel was recalled two months after the patient’s surgery for also resulting in tuberculosis in other patients, the product is shielded by the statute because its language includes any person or institution involved in the “processing” of human tissue.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: May 3, 2024, Case #: 5:21cv172, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Government, health Care, Product Liability
J. Flynn finds the Court of Appeals properly reversed the trial court’s judgment excluding hospitals from drug liability. “A hospital that supplies and administers a dangerously defective drug in conjunction with providing a healthcare service can be a ‘seller’ that is ‘engaged in the business of selling’ for purposes of liability.” Affirmed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: May 2, 2024, Case #: S070082, Categories: health Care, Product Liability
[Consolidated.] J. Engelhardt finds the district court improperly found the Indian citizen's claims are governed by the Jones Act and general maritime law. The Indian citizen says he contracted malaria in Africa while working on a Liberian ship managed by the Singaporean ship management company. The ship worker suffered gangrene, having several toes amputated, and contends the management company failed to provision the ship while in a U.S. port despite knowing it lacked antimalarial medication. He has not asserted or shown the relevant portions of the law of Singapore or India conflict with the law of Liberia; therefore, the law of the ship's flag prevails. Reversed.
Court: 5th Circuit, Judge: Engelhardt , Filed On: May 1, 2024, Case #: 22-30758, Categories: health Care, Maritime, Choice Of Law
J. Myren finds that the circuit court properly affirmed the decision of The Sully County Board of Commissioners to deny a claim for reimbursement under county poor-relief statutes for emergency medical treatment provided to an individual. The individual is a Mexican national who worked on a seasonal visa for a few months per year in Sully County. While working in Sully County in 2014, the individual suffered appendicitis and required emergency medical services. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren , Filed On: May 1, 2024, Case #: 2024SD25, Categories: Employment, health Care
J. Reidinger dismisses an incarcerated man’s complaint that the wires holding his rib cage together following triple bypass surgery broke and are causing him pain. The surgery occurred before he was incarcerated, and the man brings the complaint against his surgeon under a federal legal code. However, the code can only be used against state or federal officials, which the surgeon is not. The man is allowed to amend his complaint within 30 days.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: May 1, 2024, Case #: 1:24cv132, NOS: Mandamus & Other - Habeas Corpus, Categories: Civil Rights, health Care, Prisoners' Rights